Kathy Wells v. Bobby Glen Rushing and Town of Maben, Mississippi

Summary

The Fifth Circuit denied Kathy Wells's petition for rehearing after affirming dismissal of her claims against the Town of Maben. The court held that Wells had waived arguments concerning her pendent state-law claim and the applicable negligence standard by failing to raise them earlier. It also reaffirmed that the evidence did not support municipal liability under 42 U.S.C. § 1983 for inadequate training or supervision.

Holdings

1. The court would not consider Wells's state-law claim because she failed to raise it in the district court or in her initial appellate briefing and presented it for the first time on petition for rehearing.
2. Wells could not argue for the first time on rehearing that simple negligence was sufficient for her § 1983 claim against the Town after relying on a gross-negligence standard in her brief and at oral argument.
3. A single isolated act by Rushing, even if egregious, would be insufficient by itself to impose § 1983 liability on the Town for failure to train or supervise; the evidence must show a pattern of similar incidents or that serious incompetence or misbehavior was general or widespread throughout the police force.

Questions Presented

1. Whether Wells could obtain rehearing on a pendent state-law claim that she had not raised below, in her appellate briefs, in the jury instructions or interrogatories, in her post-trial motions, or in response to the Town's directed-verdict argument.
2. Whether Wells could argue for the first time on rehearing that simple negligence, rather than gross negligence, was sufficient to impose § 1983 liability on the Town.
3. Whether Rushing's live testimony could materially support municipal liability by establishing the pattern of similar incidents or widespread practice required for a failure-to-train or failure-to-supervise claim.

Disposition

other